R62/2015 (Office of the City Clerk)
Municipal Elections Act
Financial Statements & Auditors Report
Committee of the Whole – April 27, 2015
Each municipality and school board must appoint a compliance audit committee – City of Thunder Bay – Report No. 2014CLS.070 (Office of the City Clerk) – Appointments to Compliance Audit Committee 2014 – 2018 – Committee of the Whole September 8, 2014.
If you believe, on reasonable grounds, that a candidate has contravened the election finance rules, you may apply for a compliance audit of the candidate’s campaign finances. The application must be in writing, and must set out the reasons why you believe that the candidate has contravened the rules. Only an eligible voter is allowed to apply for a compliance audit. See the provisions of the Municipal Elections Act in regards to Compliance Audits.
The deadline for candidates to file their financial statements is the last Friday in March following the election (March 27, 2015). An application for a compliance audit must be submitted to the municipal clerk who conducted the election within 90 days of the filing deadline.
The deadline for a candidate to file a supplementary financial statement is the last Friday in September (September 25, 2015). If a candidate files a supplementary financial statement, an application for a compliance audit may be submitted within 90 days of the supplementary filing deadline.
The filing date for the 2014 Municipal and School Boards Election was Friday, March 27, 2015 on or before 2:00 p.m. As required by the Act, the Office of the City Clerk sent notice to all candidates by registered mail on February 6, 2015, reminding them of their obligations in this regard.
In summary, the Act states the following:
69.(1) A candidate shall ensure that,
(k) financial filings are made in accordance with sections 78 and 79.1;
78.(1) On or before 2 p.m. on the filing date, a candidate shall file with the clerk with whom the nomination was filed a financial statement and auditor’s report, each in the prescribed form, reflecting the candidate’s election campaign finances.
80.(1) A candidate is subject to the penalties listed in subsection(2), in addition to any other penalty that maybe imposed under this Act,
(a) if he or she fails to file a document as required under section 78 or 79.1 by the relevant date;
80.(2)In the case of a default described in subsection (1),
(a) the candidate forfeits any officeto which he or she was elected and the office is deemed to be vacant and
(b) until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies. 2009, c. 33, Sched. 21, s. 8(44).
Candidate Financials will continue to be updated as available.
Click on a hyperlinked Candidate name to view their campaign financials in a new tab.
English Public – School Board
English Separate – School Board
French Public – School Board
French Separate – School Board
As outlined in the table below, of the 83 candidates registered, 10 failed to meet their obligations and file their financial statements on time (financials that have been received will be attached).
|First Name||Last Name||2014 Office||Elected|
|O. Naomi||Abotossaway||At Large (Withdrawn)||No|
|Claudette||Gleeson||French Separate School Board||Yes|
|Robert||Martinie||French Separate School Board||No|
As is seen in the chart, one of the individuals who did not file a financial statement as outlined in the legislation was elected to a position as School Board Trustee for the French Separate School Board,at which time this position was therefore deemed to be vacant. Office of the CityClerk staff had communicated with the French SeparateSchool Board in regards to this vacancy. As of April 9, 2015 this candidate has been granted a Court extension and relief from penalties.
By order of the Superior Court of Justice dated July 2, 2015, Mr. Shane Judge was granted an extension of the time for filing his financial statement and auditor’s report. He subsequently filed both of these documents with the City Clerk. By order of the Superior Court of Justice dated August 13, 2015, Mr. Shane Judge was granted relief from the penalty provisions of the Municipal Elections Act.
Candidates are in default of the requirements of the Municipal Elections Act, 1996, because failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act 1996 on or before the relevant date.
(1) If a candidate failed to file a document required by Section 78 or 79.1 of the Municipal Elections Act, the following provisions and penalties apply:
To a Successful Candidate
(i) forfeits any office to which elected and the office shall be deemed to be vacant
(ii) until the next regular election has taken place, are ineligible to be elected or appointed to any office to which the Municipal Elections Act, 1996 applies.
Notice of Penalties
Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows:
91. (1) If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies, then, in addition to any other penalty provided for in this Act,
(a) any office to which the person was elected is forfeited and becomes vacant; and
(b) the person is ineligible to be nominated for, or elected or appointed to, any office until the next two regular elections have taken place after the election to which the offence relates.
91. (2) However, if the presiding judge finds that the person committed the corrupt practice or offence under the Criminal Code (Canada) without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply.
92.(3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to any other penalty provided for in the Act.
(5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2)if he or she;
(a) files a document under section 78 or 79.1 that is incorrect or otherwise does not comply with that section; or
(b) incurs expenses that exceed what is permitted under section 76.
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